Fresh legal challenge over 650-home York development

Fresh legal challenge over 650-home Germany Beck development in York

A PARISH council is to launch an appeal after losing its legal challenge over changes to plans for a 650-home development in York.

The Press reported in December that Fulford Parish Council was seeking a judicial review of City of York Council planning committee’s approval of Persimmon’s application to amend the original plans for the development on the Germany Beck site in Fulford.

The parish council said the design changes would significantly reduce the quality of the development compared to the application approved in 2013, and it was in the public interest to challenge the decision.

The legal challenge by the parish council was rejected, allowing Persimmon Homes to progress construction on York’s largest current housing development.

However, the parish council now says it will appeal the decision.

A spokesman said: “After careful consideration of legal advice and representations from residents at the extra-ordinary meeting of Fulford Parish Council on the evening of Tuesday, February 5, it was resolved to appeal the order and proceed with the application seeking permission for judicial review.

“This decision was not taken lightly and the parish council wishes to make clear that the judicial review process is not being pursued to prevent or delay the building of homes in the area but on balance, it was decided that such action was necessary in this instance to protect the interests of the residents neighbouring the development and redress the material changes made to the development under the guise of a non-material planning application, changes that detrimentally impact the adjoining existing properties.”

As part of the planning approval, Persimmon was required to a provide £6 million of community contributions to support education, highway improvements, flood water management, community sports facilities and enhancements to existing wildlife and nature areas.

Simon Usher, regional divisional director at Persimmon Homes Yorkshire, said: “We are pleased to have a resolution to the recent legal challenge. This is a major development which will bring significant benefits for local homeowners and the wider community.

“We are aware that Fulford Parish Council filed an appeal against the High Court order on February 1. However, this does not affect the construction and sales work currently under way at the site.”

He added: “This has been the fifth attempt at judicial review involving Germany Beck and the third from the parish council or its members and on each occasion the challenge has been thrown out and in some instances, marked ‘totally without merit’.”

However, the parish council spokesman said the current legal action was only the second claim it had made and was on grounds “entirely unrelated to the first, which was not found to be totally without merit as suggested in the developer’s statement”.

A spokesperson for City of York Council said: “We have received a notice of application by Fulford Parish Council to appeal the recent decision regarding Germany Beck. We are currently reviewing the papers we received.”

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